What is the test for striking a claim or portion of a claim that discloses no reasonable cause of action?
Ontario, Canada
The following excerpt is from DST Consulting Engineers Inc. v. Towanda Timber Limited, 2007 CanLII 38565 (ON SC):
Rule 21.01(1)(b) and rule 25.11 permit the court to strike out a claim or portion of a claim that discloses no reasonable cause of action or that may prejudice or delay the fair trial of an action. The test is whether, assuming that the facts as stated in the Statement of Claim can be proved it is “plain and obvious” that the Statement of Claim discloses no reasonable cause of action. (See Hunt v. Carey, 1990 CanLII 90 (SCC), [1990] 2 S.C.R. 959 (S.C.C.), at para. 33.)
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